HomeMy WebLinkAboutDeeds & Easements-6-1991E_CCv0001.pdf 16 rzvx. �_
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When Recorded, Mail To.
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The City Clerk _- is _ . _ _ .5 .C.0_
City of RedlandsMI A;� s2_ 6 199HO PM
P.O. Box 3005 A
Redlands, CA 92373v i I
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-100932
Property No. 538-6616 i
91
AVIGAMN EASEMENT
WHEREAS, CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, herein called Grantor, is the owner in fee
of that certain parcel of land situated in the City of Redlands, County of San Bernardino, State of
California, more particularly described as:
The West One-Half of the Southwest Quarter of the Northeast Quarter of the Southwest
Quarter of Section 14, Township 1 South, Range 3 West, San Bernardino Base and
Meridian, in the City of Redlands, County of San Bernardino,State of California,according
to the official map thereof.
Excepting therefrom the South 30 feet for road purposes,
herein called the Servient Tenement,
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Grantor, for itself, its successors and assigns, does hereby grant and convey unto the City of
V`# Redlands, California, sublessees, licensees and invitees, for the use and benefit of the Municipal Airport,
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For the free and unobstructed passage of all aircraft ("aircraft" being defined for the purposes of
this instrument as any contrivance now known or hereafter invented, used, or designed for navigation of or
flight in the air), by whomsoever owned and operated, in the airspace over, through, across and adjacent
to the Servient Tenement,
Together with the right to cause in said airspace such noise,sound or shock waves,vibrations,odors
fumes, dust, fuel particles, smoke, light, thermal waives, air quality changes and other results transmitted
from the operation of aircraft of all types now known or hereafter designed and used for navigation of or
the operation of the Dominant Tenement by and by reason of any operational incidental effects thereof
including such as may occur in and from take-off, landing and approach patterns into and from the
Dominant Tenement.
To have and to hold said easement and right of way and all rights appertaining thereto unto
Grantee, it successors,assigns,lessees,sublessees, licensees and invitees,until the Dominant Tenement shall
be abandoned and shall cease to be used for public airport purposes, it being understood and agreed that
these covenants and agreements shall run with the land.
Grantor, for itself, its successors and assigns, does hereby waive, remise and release any right or
cause of action which it may now have or which it may have in the future against Grantee, its successors
and assigns, due to such noise, sound or shock waives, vibrations, odors, fumes, dust, fuel particles, smoke,
light, thermal waives, air qualify changes and other results in said airspace that may be cause or may have
been caused by the operation of aircraft of all types now known or hereafter designed and used for
91-100930,94
navigation of or flight in the air, by reason of any sue ancillary or incidental to the operation of the
Dominant Tenement and by reason of any operational incidental effects thereof including such as may occur
in and from take-off, land and approach patterns into and from the Dominant Tenement. Said waiver and
release shall include, but shall not be limited to, claims, known or unknown, for damages for physical or
emotional injuries, discomfort, inconvenience,property damage,death, interference with use and enjoyment
of property diminution of property values, nuisance or inverse condemnation or for injunctive or other
extraordinary or equitable relief. Grantor, for itself, its successors and assigns, agrees that Grantee shall
have no duty to avoid or mitigate such damages by, without limitation, setting aside or condemning buffer
lands, rerouting air traffic, erecting sound or other barriers, establishing curfews,noise or other regulations.
Grantor acknowledges and- agtces that this waiver applies to all claims for injuries, damages or losses to
Grantor's person and property, real or personal, (whether those injuries, damages, or losses are known or
unknown, foreseen or unforeseen, or patent or latent) that Grantor may have against Grantee and Grantor
hereby waives application of California Civil Code Section 1542.
Grantor, for itself, its successors and assigns, agrees not to construct or permit the construction or
growth of any structure, tree or other object that obstructs or interferes with the use of the rights herein
granted or that creates electrical interference with radio communication between any installation within said
airport and aircraft, or to cause difficulty for pilots to distinguish between airport lights and other lights,
or to impair visibility in the vicinity of said airport, or to otherwise endanger the land, take-off or
maneuvering of aircraft. Grantor, for itself, its successors and assigns, agrees that Grantee shall have the
right to mark and light as obstructions to air navigation any such building, structure, tree or other object
now upon, or that in the future may be upon the Servient Tenement, together with the right of ingress to,
egress from and passage over and within the Servient Tenement for the purposes of accomplishing such
marking and lighting.
Executed this day of March, 1991
CORPORATION GF Trl iE PRESIDR,4(i BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-
DAY SAINTS, a Utah corporation sole
By,
Authorized Agent-
STATE OF UTAH
ss
COUNTY OF SALT LAKE
On this (;—'-day of March, 1991, personally appeared before me TED D. SIMMONS, personally
known to me to be Authorized Agent of the Corporation of the Presiding Bishop of The Church of
Jesus Christ of Latter-day Saints, a Utah Corporation Sole, who acknowledged to me that he signed the
foregoing instrument as Authorized Agent for said Corporation, that the seal impressed on the within
instrument is the seal of said Corporation, and the said TEIj D. SIMMONS acknowledged to me that the
said Corporation executed the same.
NOTARY PUBUC I J
SUSAN BRODY 'Notary Public for State of Utah
330 Scutt,300 East
Soft Lake CRY,Utah 84111
My Commission Expires 61219.3
STATE OF UTAH